Citation for "Open house party."

[noney05]

What is the name of your state (only U.S. law)? Missouri

Here's the story. My son, who is 19 years old, came home at 3 a.m. one morning. He had been drinking and he brought a bunch of people with him two of whom were arguing. I was awakened by the noise and immediately kicked everyone out of my house and slapped the crap out of my son. However, one of the parties that I had kicked out called 9-1-1 from my house before they left. Everyone was gone except for my son and one of his friends when the police showed up. I explained to the police officers what had happened, that my son brought some friends home with him and I kicked everyone out. The police officers talked to my son and his friend who both confirmed that they had brought people back to my house and that I had kicked everyone out. They were not sure who called 9-1-1, but there was no one in the house now and no one was hurt or injured. I allowed the people to come into my house to verify that there were no other people inside. That night the police gave citations to my son and his friend, also 19 years old, citations for MIP by consumption.

Four days later, one of the police officers came back to my house and gave me a citation which states "Open house part. Two persons visibly intoxicated under the age of 21." I argued with the officer, who was not the officer who wrote the ticket, he was just delivering the citation to me which was written by one of the officers who had been here on the night in question.

I was not hosting a party on the night question. I had kicked everyone out of my house BEFORE the cops got there. I do not and have EVER had parties at my house. I defnitely do not have parties with underage drinking and I do not buy alcohol for anyone ever, whether underage or not. I myself amy not a drinker and do not routinely buy alcohol period.

I live in a very small town. Before I divorced my husband, he caused trouble with the police by getting drunk and fighting. I have since kicked him out. And also lately my son, whom I just kicked out as well due to this incident, has been getting into trouble, having gotten into a couple of fights and wrecking his car. When the cop delivered my ticket to me and I argued with him that there wasn't anyone at my house by the time the cops got there so how can they say I was having an open house party. That cop basically told me he thought the citation was written more so because of the past history of trouble with my husband and my son.

My question is this, can I beat this and do I need a lawyer? My arugment is the citation should never have been written because when the cops arrived there was no one here but my son, who lived here at that time and his friend, both of whom had gotten drunk elsewhere and came home. There was one empty beer can on my front porch that one of the other people had brought. Any alcohol that had been my house was brought by the people who showed up and they took it with them when I kicked them out. The only evidence that alcohol had been on my property was one empty beer can on my front porch which was left by one of my son's friends.

So while I'm not arguing that my son was drunk and he definitely deserved his MIP citation, I do not feel I deserve a citation at all and I think they are unjustly ticketing me because of a past history of disturbances at my house created by husband. So can I argue in court that whatever had happened in my house in the past should have no bearing on the night in question and since there was no party going on when the cops showed up, this citation should be dimissed?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Missouri

Here's the story. My son, who is 19 years old, came home at 3 a.m. one morning. He had been drinking and he brought a bunch of people with him two of whom were arguing. I was awakened by the noise and immediately kicked everyone out of my house and slapped the crap out of my son. However, one of the parties that I had kicked out called 9-1-1 from my house before they left. Everyone was gone except for my son and one of his friends when the police showed up. I explained to the police officers what had happened, that my son brought some friends home with him and I kicked everyone out. The police officers talked to my son and his friend who both confirmed that they had brought people back to my house and that I had kicked everyone out. They were not sure who called 9-1-1, but there was no one in the house now and no one was hurt or injured. I allowed the people to come into my house to verify that there were no other people inside. That night the police gave citations to my son and his friend, also 19 years old, citations for MIP by consumption.

Four days later, one of the police officers came back to my house and gave me a citation which states "Open house part. Two persons visibly intoxicated under the age of 21." I argued with the officer, who was not the officer who wrote the ticket, he was just delivering the citation to me which was written by one of the officers who had been here on the night in question.

I was not hosting a party on the night question. I had kicked everyone out of my house BEFORE the cops got there. I do not and have EVER had parties at my house. I defnitely do not have parties with underage drinking and I do not buy alcohol for anyone ever, whether underage or not. I myself amy not a drinker and do not routinely buy alcohol period.

I live in a very small town. Before I divorced my husband, he caused trouble with the police by getting drunk and fighting. I have since kicked him out. And also lately my son, whom I just kicked out as well due to this incident, has been getting into trouble, having gotten into a couple of fights and wrecking his car. When the cop delivered my ticket to me and I argued with him that there wasn't anyone at my house by the time the cops got there so how can they say I was having an open house party. That cop basically told me he thought the citation was written more so because of the past history of trouble with my husband and my son.

My question is this, can I beat this and do I need a lawyer? My arugment is the citation should never have been written because when the cops arrived there was no one here but my son, who lived here at that time and his friend, both of whom had gotten drunk elsewhere and came home. There was one empty beer can on my front porch that one of the other people had brought. Any alcohol that had been my house was brought by the people who showed up and they took it with them when I kicked them out. The only evidence that alcohol had been on my property was one empty beer can on my front porch which was left by one of my son's friends.

So while I'm not arguing that my son was drunk and he definitely deserved his MIP citation, I do not feel I deserve a citation at all and I think they are unjustly ticketing me because of a past history of disturbances at my house created by husband. So can I argue in court that whatever had happened in my house in the past should have no bearing on the night in question and since there was no party going on when the cops showed up, this citation should be dimissed?

Thanks

You can certainly explain the situation to the judge and ask that the citation be dismissed. I wouldn't even mention anything about the past history with your husband unless someone else brings it up.

 

[OHRoadwarrior]

Ditto here. Your son should be going to testify on your behalf, or be disinherited.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Missouri

Here's the story. My son, who is 19 years old, came home at 3 a.m. one morning. He had been drinking and he brought a bunch of people with him two of whom were arguing. I was awakened by the noise and immediately kicked everyone out of my house and slapped the crap out of my son.

So you assaulted your son.

However, one of the parties that I had kicked out called 9-1-1 from my house before they left. Everyone was gone except for my son and one of his friends when the police showed up. I explained to the police officers what had happened, that my son brought some friends home with him and I kicked everyone out. The police officers talked to my son and his friend who both confirmed that they had brought people back to my house and that I had kicked everyone out. They were not sure who called 9-1-1, but there was no one in the house now and no one was hurt or injured. I allowed the people to come into my house to verify that there were no other people inside. That night the police gave citations to my son and his friend, also 19 years old, citations for MIP by consumption.

Okay.

Four days later, one of the police officers came back to my house and gave me a citation which states "Open house part. Two persons visibly intoxicated under the age of 21." I argued with the officer, who was not the officer who wrote the ticket, he was just delivering the citation to me which was written by one of the officers who had been here on the night in question.

Okay. But you were lucky you were not cited for assault/battery.

I was not hosting a party on the night question. I had kicked everyone out of my house BEFORE the cops got there. I do not and have EVER had parties at my house. I defnitely do not have parties with underage drinking and I do not buy alcohol for anyone ever, whether underage or not. I myself amy not a drinker and do not routinely buy alcohol period.

Okay.

I live in a very small town. Before I divorced my husband, he caused trouble with the police by getting drunk and fighting. I have since kicked him out. And also lately my son, whom I just kicked out as well due to this incident, has been getting into trouble, having gotten into a couple of fights and wrecking his car. When the cop delivered my ticket to me and I argued with him that there wasn't anyone at my house by the time the cops got there so how can they say I was having an open house party. That cop basically told me he thought the citation was written more so because of the past history of trouble with my husband and my son.

Did you go through the process of LEGALLY EVICTING YOUR SON or did you break the law in how you evicted him?

My question is this, can I beat this and do I need a lawyer? My arugment is the citation should never have been written because when the cops arrived there was no one here but my son, who lived here at that time and his friend, both of whom had gotten drunk elsewhere and came home. There was one empty beer can on my front porch that one of the other people had brought. Any alcohol that had been my house was brought by the people who showed up and they took it with them when I kicked them out. The only evidence that alcohol had been on my property was one empty beer can on my front porch which was left by one of my son's friends.

I agree. You received the wrong citation. YOu should have been ARRESTED for hitting your son.

So while I'm not arguing that my son was drunk and he definitely deserved his MIP citation, I do not feel I deserve a citation at all and I think they are unjustly ticketing me because of a past history of disturbances at my house created by husband. So can I argue in court that whatever had happened in my house in the past should have no bearing on the night in question and since there was no party going on when the cops showed up, this citation should be dimissed?

Thanks

It might be dismissed but it not be dismissed. The neighbor can testify to the people that were heard in your house. You admitted that your son and friends were there and they were drinking.

 

[Ohiogal]

Ditto here. Your son should be going to testify on your behalf, or be disinherited.

That could be viewed as blackmail/extortion or witness intimidation. Since she already illegally evicted him and assaulted him, she might want to watch how she threatens him in the future. How many crimes do you want her to commit over a citation?

 

[ecmst12]

Something tells me that OP doesn't have anything significant to leave her children after she dies anyway.

 

[OHRoadwarrior]

That could be viewed as blackmail/extortion or witness intimidation. Since she already illegally evicted him and assaulted him, she might want to watch how she threatens him in the future. How many crimes do you want her to commit over a citation?

Since you brought it up, I was obviously not clear enough. I did not mean for OP to blackmail her son, I meant for her to treat him in a manner consistent with the manner he treats her. Sorry I was not clear. I never recommend people break the law, when giving advise.

 

[startedone]

You should not have talked to the police at all..it was your words that got you the ticket.

Now you have legal issues. Sounds like you are not guilty. But you'll have to waste time & $$ to win.

Next time, mouth shut. And let them threaten you with the gallows ... don't talk to the police.

 

[anthony361]

So you assaulted your son.



Okay.



Okay. But you were lucky you were not cited for assault/battery.


Okay.



Did you go through the process of LEGALLY EVICTING YOUR SON or did you break the law in how you evicted him?


I agree. You received the wrong citation. YOu should have been ARRESTED for hitting your son.


It might be dismissed but it not be dismissed. The neighbor can testify to the people that were heard in your house. You admitted that your son and friends were there and they were drinking.

If this was facebook. Id hit the like button on this post. Well said.

 

[Ohiogal]

If this was facebook. Id hit the like button on this post. Well said.

There is a like button available on each post.

 

[Proseguru]

So you assaulted your son.

YOu should have been ARRESTED for hitting your son.
.

Really? Really? Really? I don't think so.

And the state has to prove that you were hosting the party. The OP's "discussion" with the cops will not help the OP's case but maybe that cop will not be there.

Just plead not guilty and cross the cop on facts HE witnessed. Did he see YOU at the party, during the time of the party? Etc...

Don't "explain" .. defend.

Don't know what you are doing? Get a lawyer. Remember: the judge only knows what he is told in court.

 

[Ohiogal]

Really? Really? Really? I don't think so.

And the state has to prove that you were hosting the party. The OP's "discussion" with the cops will not help the OP's case but maybe that cop will not be there.

Just plead not guilty and cross the cop on facts HE witnessed. Did he see YOU at the party, during the time of the party? Etc...

Don't "explain" .. defend.

Don't know what you are doing? Get a lawyer. Remember: the judge only knows what he is told in court.

Yes really. The dumb OP admitted she slapped the crap out of her son. That is assault. She could have/should have been arrested.

 

[Proseguru]

Yes really. The dumb OP admitted she slapped the crap out of her son. That is assault. She could have/should have been arrested.

This is a family matter and no charges were filed. So, it is not assault. Only a judge or jury can say that.

 

[Zigner]

This is a family matter and no charges were filed. So, it is not assault. Only a judge or jury can say that.

That's just asinine.

 

[noney05]

Went to court

Yes really. The dumb OP admitted she slapped the crap out of her son. That is assault. She could have/should have been arrested.

I should be arrested for slapping my son who has repeatedly disrespected me, my house and my rules? And I should go about LEGALLY evicting him from my home. I guess I shouldn't be surprised. The person who wrote the above probably doesn't believe in punishing your kids for anything. My nearly 20 year old son disobeys my rules, shows up at my house in the middle of the night drunk and with friends, and I am the one being criticized for slapping him and kicking him out?!?!?! So what, I should let him have his party? Take my ticket and pay my fine, is that it? And then trot on down to the courthouse and fill out eviction papers and wait the inordinate amount of time it takes to legally evict someone, meanwhile he wreaks havoc in my home?

By the way, in case anyone is interested, I went to court last week and won my case. The officer said there had been "trouble at that house in the past" as his reason for writing the ticket. I asked him to specifically tell me when he had been in my house - was it earlier the same evening, was it the day before, the week before - no he said, but then he brought up an incident that occurred with my ex-husband two years previous as his explanation of past troubles. An incident I might had that occurred on a Sunday afternoon, with only my ex-husband involved and no one else. No party, no one else at my house. Just my ex-husband drunk and violating the ex parte I had gotten on him.

When all was said and done, the judge agreed with me that his explanation of trouble in the past was flimsy and questioned the office as to why it took him four days to decide to give me the citation. My argument was obviously the officer questioned the validity of giving me a ticket and probably had to check with his superior before finally writing the ticket.

I can't tell how much I appreciate some of the ignorant responses I got here from people who obviously get their jollies off on passing judgment on people rather than offer constructive and educated advice. We all don't live pristine, happy filled, warm and fuzzy, mistake-free lives. Some of us marry the wrong person, have troubled kids, and find ourselves in near impossible situations we have to dig ourselves out of. And some of us, as part of the process of digging ourselves out, will seek the advice of others who may have been in a similiar situation.